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44 Can. Bus. L.J. 21 (2006-2007)
Reviewing Pipeda: Control, Privacy and the Limits of Fair Information Practices

handle is hein.journals/canadbus44 and id is 27 raw text is: REVIEWING PIPEDA: CONTROL, PRIVACY AND THE LIMITS OF FAIR INFORMATION PRACTICES Lisa M. Austin* I. INTRODUCTION The federal Personal Information Protection and Electronic Documents Act (PIPEDA), introduced in 2001, provides individuals with a certain degree of control over their personal information by imposing a number of obligations on organizations that collect, use and disclose that information.' These obligations include informing individuals regarding the purposes for which their personal infor- mation is collected, used, or disclosed and requiring individuals to consent to these practices. Other obligations include requirements that the collection, use, disclosure and retention of personal information is limited, that its accuracy is ensured, and that this information is protected by appropriate security. Organizations are required to be transparent about their information management practices, to have an accountability structure in place, and to ensure that individuals can get access to this information and are able to challenge an organization's compliance with its obligations.2 These obligations form the core of what are often referred to as fair infor- mation practices and are a crucial component of any contemporary legal response to the challenges posed by proliferating information and communications technology. Parliament is scheduled to review PIPEDA in 2006 and determine whether any changes to its provisions or administration are warranted.3 In order to review the effectiveness of PIPEDA, this article will pose the * Faculty of Law, University of Toronto. This paper was originally presented at the 35th Annual Workshop on Commercial and Consumer Law University of Toronto, October 22, 2005. Its redrafting has benefited from the comments of my co-panelists at the Workshop (Jennifer Stoddart, Drew McArthur, Ian Kerr and Mahmud Jamal) as well as from members of the audience and a number of helpful comments from Joe Murray. I. S.C. 2000, c. 5 (hereafter PIPEDA). 2. Ibid., Schedule 1. 3. Ibid., s. 29.

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